SHRADDHA SAXENA

3rd YEAR BALLB (HONS)

2017BALLB017

A CRITICAL STUDY OF THE LAW RELATING TO CHILD LABOUR

IN INDIA

PRECLUDE

Child labour in one form or the other has existed since time immemorial; in fact it is not a
new phenomenon. However its perception as a social evil is of a recent origin. Children in
every society have in one form or the other participated in economic activities of their social
group. They have helped their parents in different house hold chores in general and in the
family run business in particular. Children also worked along with their parents in the field in
the family crafts in domestic and non-domestic works etc. The involvement of children in the
domestic sphere for economic gains at an early age was not detrimental for their healthy
development as the work assigned to them was generally of light nature and it was done by
them under parental supervision.

The employment of children for wages under contract of employment was non-existent at
that time. With the advent of industrialisation in the later part of 19th century, the social
scenario in India underwent a radical change. The establishment of factories in urban centres,
led the rural poor and landless peasants with their families and children to migrate to such
urban centres for work and employment. However, the expensive urban living and the low
wages payable to industrial workers compelled the children of these migratory' families to
take up employment in order to support the meagre family earning and to overcome financial
crisis.

The child is made to work in unhygienic environment which is detrimental to his health and
compelled to work from morning to night for meagre wages. With the result the child’s
ability to healthy growth into a mentally and physically sound adult is severely affected.

Exploitation of children in labour sector has assumed the characteristics of a social problem
in as much as it hinders, arrests, or distorts the natural growth and development process of the
child.

A number of causes are ascribed to the problems of child labour such as poverty, illiteracy,
ignorance of parents large family low wages unemployment, social traditions etc. But
undoubtedly the basic cause of the problem is poverty, of course the problem of Child labour
is not only the problem faced by the developing countries but it is equally faced by the
developed countries. The dimentions and nature of the problem may vary, in developed
countries children
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work for pocket money but in developing countries they work for their as well as their
parents economic needs.

The most deplorable fact is that according to ILO reports India stands at the top in the list of
child employers in the world. Specifically the problem of child labour in the un-organised
sector is alarming the breeding ground of Child Labour specifically because there is no law to
regulate child labour in this area. Recognising the need for all round growth and development
of children and to protect them from exploitation necessary provisions have been made in
Chapter-Ill and Chapter-TV of the Indian Constitution which came in to effect on Jan,
26,1950. Article 24 of the constitution specifically prohibits employment of children below
14 years of age in any factory mine or in any other hazardous employment, in order to
prohibit and protect employment of children.

The Government of India has enacted a number of Acts dealing with the provisions relating
to Child labour exclusively or partly. To a deal effectively and systematically the problem of
child labour, a National Child Labour Policy has been adopted in 1987. However, despite all
these measures the problem conspicously persists in different sectors of economy. 'The
census and National Sample survey (NSS) data shows that the incidence of child labour in
India is instead of decreasing it is steadily increasing. The UN convention on Rights of the
child adopted in 1989 specifically provides that:

State Parties recognize the right of the child to be protected from economic exploitation and
from performing any work that is likely to be hazardous or to interfere with the child 's
education or to be hamful to the child's health or physical, mental, spiritual and I social
development.

Article 32(1) of the convention also requires that;State parties shall take legislative.

Administrative, social and educational measures to ensure the implementation of the

present Article. To this eno, and having regard to the relevant provisions of other
instruments. States shall in particular; State parties shall take legislative.

(a) Provide for a minimum age or minimum ages for admission to employment;

(b) Provide for proportionate regulation of the hours and conditions of employment;
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(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of
the present Article.1

prior to the adoption of this Convention the ILO had adopted 19 Conventions on child labour
relating to their Minimum Age - Medical Examination - Night work, exit of the above
conventions India has ratified only 6 Conventions.

Other specialised Agencies like UNICEF and UNESCO have also made some meaningful
efforts consistently for welfare and development of children throughout the world.

The problem, of child labour in India has assumed frightening dimensions thereby
endangering the proper growth and development of the child posing a threat to the future
prospects of the nation, in order to confirm to the minimum standards laid down by ILO and
to eradicate child labour concerted effort is to be made as all the efforts made so far have
failed to provide the desired result.

AIMS AND OBJECTIVES OF THE STUDY:

The objective of this research study has been to explore as to the manner in which child
labour has posed to be a serious threat to the country. At the same time it aims at examining
the legislative measures adopted by the State from time to time and to find out whether these
measures have proved to be adequate and effective. If not, what could be the reasons of their
ineffectiveness?

Further it also aims at studying the contribution of International Labour Organisation in

devising international standards on child labour and how far Indian laws have been able to
conform to those standards, judiciary being the guardian of citizens rights, its attitude towards
labour has been an Important objective of study.

Participation of administrative authorities, voluntary organisations, and public at large is also

essential for the effective implementation of any programme or policy.

At the end it is proposed to incorporate important suggestions and recommendations evolved

after making a thorough study of various aspects in the preceding chapter.

1
Yl Article 32(2) of united Nation's convention on the Rights of the Child 1989.
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METHOD OF STUDY:

Basically the present study is a doctrinal research. Child labour is social problem and the role
of law is to regulate the disorders in our society and to regulate the conduct of concerned
employers for protecting interest of child labour, as medical science is to physiology likewise
law as a social science is to the society. Hence while analysing the problem from legal angle,
the socio-economic cum political aspects have also been analysed as all these are different
facets of the social problem and are quite inter-linked.

CONTENT

I Introduction

II Socio-Economic Perspective of Child Labour in India.

III Legal Infrastructure in India for Protection of Child Labour; A Historical Perspective.

IV Constitutional and Legal Framework for Eradication of Child Labour.

V International Efforts for Eradication of Child Labour.

VI Legislative and Administrative Attitude to The Protection of Child Labour.

VII Judicial Attitude to Protection of Child Labour.

VIII Conclusions and Suggestions.